Bill Text: CA AB2526 | 2013-2014 | Regular Session | Amended
Bill Title: Community corrections program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-05-08 - Referred to Com. on PUB. S. [AB2526 Detail]
Download: California-2013-AB2526-Amended.html
BILL NUMBER: AB 2526 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 21, 2014
An act to amend Section Sections
1230 and 1230.1 of the Penal Code, relating to probation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2526, as amended, Gonzalez. Criminal recidivism:
Community Corrections Performance Incentives Fund.
Community corrections program.
Existing law authorizes each county to establish a Community
Corrections Performance Incentives Fund to receive state moneys to
implement a community corrections program consisting of a system of
felony probation supervision services to, among other things, manage
and reduce offender risk while under felony probation supervision and
upon reentry from jail into the community. Existing law requires a
community corrections program to be implemented by probation and
advised by a local Community Corrections Partnership, consisting of
specified members, including, but not limited to, the sheriff and a
chief of police. Existing law requires a Community Corrections
Partnership to recommend a local plan to the county board of
supervisors for the implementation of public safety realignment.
This bill would also require a rank-and-file deputy sheriff or a
rank-and-file police officer and a rank-and-file probation officer or
a deputy probation officer, to be appointed by a local labor
organization, to the membership of a Community Corrections
Partnership. The bill would require the vote of the rank-and-file
deputy sheriff or rank-and-file police officer and a rank-and-file
probation officer or deputy probation officer on the local plan.
Existing law authorizes each county to establish a Community
Corrections Performance Incentives Fund (CCPIF) and authorizes the
state to annually allocate money into the State Corrections
Performance Incentives Fund to be used for specified purposes
relating to improving local probation supervision practices and
capacities.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1230 of the Penal Code is amended to read:
1230. (a) Each county is hereby authorized to establish in the
county treasury a Community Corrections Performance Incentives Fund
(CCPIF), to receive all amounts allocated to that county for purposes
of implementing this chapter.
(b) Notwithstanding any other law, in a fiscal year for which a
county receives moneys to be expended for the implementation of this
chapter, the moneys, including interest, shall be made available to
the CPO of that county, within 30 days of the deposit of those moneys
into the fund, for the implementation of the community corrections
program authorized by this chapter.
(1) The community corrections program shall be developed and
implemented by probation and advised by a local Community Corrections
Partnership.
(2) The local Community Corrections Partnership shall be chaired
by the CPO and comprised of the following membership:
(A) The presiding judge of the superior court, or his or her
designee.
(B) A county supervisor, the chief administrative officer for the
county, or a designee of the board of supervisors.
(C) The district attorney.
(D) The public defender.
(E) The sheriff.
(F) A rank-and-file deputy sheriff or a rank-and-file police
officer, appointed by the local labor organization.
(F)
(G) A chief of police.
(H) A rank-and-file probation officer or a deputy probation
officer, appointed by the local labor organization.
(G)
(I) The head of the county department of social
services.
(H)
(J) The head of the county department of mental health.
(I)
(K) The head of the county department of employment.
(J)
(L) The head of the county alcohol and substance abuse
programs.
(K)
(M) The head of the county office of education.
(L)
(N) A representative from a community-based
organization with experience in successfully providing rehabilitative
services to persons who have been convicted of a criminal offense.
(M)
(O) An individual who represents the interests of
victims.
(3) Funds allocated to probation pursuant to this act shall be
used to provide supervision and rehabilitative services for adult
felony offenders subject to local supervision, and shall be spent on
evidence-based community corrections practices and programs, as
defined in subdivision (d) of Section 1229, which may include, but
are not limited to, the following:
(A) Implementing and expanding evidence-based risk and needs
assessments.
(B) Implementing and expanding intermediate sanctions that
include, but are not limited to, electronic monitoring, mandatory
community service, home detention, day reporting, restorative justice
programs, work furlough programs, and incarceration in county jail
for up to 90 days.
(C) Providing more intensive local supervision.
(D) Expanding the availability of evidence-based rehabilitation
programs, including, but not limited to, drug and alcohol treatment,
mental health treatment, anger management, cognitive behavior
programs, and job training and employment services.
(E) Evaluating the effectiveness of rehabilitation and supervision
programs and ensuring program fidelity.
(4) Notwithstanding any other law, the CPO shall have discretion
to spend funds on any of the above practices and programs consistent
with this act but, at a minimum, shall devote at least 5 percent of
all funding received to evaluate the effectiveness of those programs
and practices implemented with the funds provided pursuant to this
chapter. A CPO may petition the Administrative Office of the Courts
to have this restriction waived, and the Administrative Office of the
Courts shall have the authority to grant that petition, if the CPO
can demonstrate that the department is already devoting sufficient
funds to the evaluation of these programs and practices.
(5) Each probation department receiving funds under this chapter
shall maintain a complete and accurate accounting of all funds
received pursuant to this chapter.
SEC. 2. Section 1230.1 of the Penal
Code is amended to read:
1230.1. (a) Each county local Community Corrections Partnership
established pursuant to subdivision (b) of Section 1230 shall
recommend a local plan to the county board of supervisors for the
implementation of the 2011 public safety realignment.
(b) The plan shall be voted on by an executive committee of each
county's Community Corrections Partnership consisting of the chief
probation officer of the county as chair, a chief of police, the
sheriff, a rank-and file deputy sheriff or rank-and-file police
officer, the District Attorney, the Public Defender
district attorney, the public defender , the
presiding judge of the superior court, or his or her designee, a
rank-and-file probation officer or a deputy probation officer,
and one department representative listed in either subparagraph
(G), (H), or (J) (I), (J), or (L) of
paragraph (2) of subdivision (b) of Section 1230, as designated by
the county board of supervisors for purposes related to the
development and presentation of the plan.
(c) The plan shall be deemed accepted by the county board of
supervisors unless the board rejects the plan by a vote of
four-fifths of the board, in which case the plan goes back to the
Community Corrections Partnership for further consideration.
(d) Consistent with local needs and resources, the plan may
include recommendations to maximize the effective investment of
criminal justice resources in evidence-based correctional sanctions
and programs, including, but not limited to, day reporting centers,
drug courts, residential multiservice centers, mental health
treatment programs, electronic and GPS monitoring programs, victim
restitution programs, counseling programs, community service
programs, educational programs, and work training programs.
